What invalidates a contract of Mukatabah (manumission by installment)?

General Chapter

Al-Mughni

Book of Mukātaba (Contractual Manumission)

Book 68 · Issue 1 · Bab 1

Open in Qurani

Primary text

A contract of Mukatabah is invalid if it stipulates an unknown consideration, a consideration due immediately, or a forbidden consideration, such as wine or swine. However, if an invalid condition is stipulated in the Mukatabah, the ruling is that the contract itself is not invalidated, but the condition is nullified, and the Mukatabah remains valid. This is the preferred opinion. Yet, a ruling attributed to Abu Abdullah suggests that Mukatabah conditioned upon a forbidden consideration is void, and manumission is not achieved by payment made under such a contract. This view is chosen by Abu Bakr, based on a report from Ahmad, who stated that if the Mukatabah is invalid but the required payment is made, the slave is manumitted, unless the contract was forbidden.

Supporting text

The opinion of Al-Qadi suggests manumission occurs upon payment, similar to other invalid Mukatabah contracts. This can be interpreted as applying when the master made payment a condition for manumission ('If you pay me, you are free'), where manumission is established by the mere condition itself, not by the contractual form of the Mukatabah.